Randal M. Shaheen

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FTC Brings the Supreme Court Together Again

By Daniel Kaufman and Randal M. Shaheen on April 17, 2023 Posted in FTC

For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity. Unfortunately for the FTC, that unanimity has again come at the agency’s expense. Two years ago, the Supreme … Continue Reading

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on April 13, 2023 Posted in FTC

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive endorsement practices. In a continuation of these pot-stirring practices, the FTC has now notified 670 companies that they may be subject … Continue Reading

The Federal Trade Commission’s New Health Product Compliance Guidance

By Randal M. Shaheen and Daniel Kaufman on March 13, 2023 Posted in Advertising

Join Randy Shaheen and Daniel Kaufman as they discuss the Federal Trade Commission’s new Health Products Compliance Guidance. During this webinar, they will share their insights about the new Guidance, highlight areas of particular importance for anyone involved in marketing or analyzing health claims, and explain how this new document differs from the agency’s two-decade-old … Continue Reading

Folks Might Be Chicken to Use Green Seals After Reading This NAD Case

By Randal M. Shaheen and John P. Ferry on March 3, 2023 Posted in NAD

Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was brought by the ASPCA against One Health Certification Foundation, which runs the One Health Certification program for poultry. The … Continue Reading

The Year of the Green – Upcoming FTC Workshop on Recyclable Claims

By Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on March 2, 2023 Posted in FTC

Late last year, the Federal Trade Commission (FTC) announced it was examining the Guides for the Use of Environmental Marketing Claims, better known as the Green Guides. Consumer and industry interest in green marketing is through the roof these days, and the FTC just announced that it will host a workshop specifically focused on recyclability … Continue Reading

NAD Gives Net-Zero Claim a Grade of Zero

By Randal M. Shaheen on February 22, 2023 Posted in Advertising

As consumers have increasingly looked to see whether the companies they do business with have taken steps to benefit the environment, companies have often responded by announcing environmental goals. Why goals? First, a goal of 100 percent carbon emissions reduction by 2040 sounds a whole lot better and loftier than saying last year, we reduced … Continue Reading

Is It Just a Puff?

By Randal M. Shaheen on January 26, 2023 Posted in Advertising

My family knows that I get grumpy if we get to the theater after the previews have started, as previews are among my favorite parts of the in-theater versus stream-from-home experience. Yet many moviegoers may feel that the trailer didn’t accurately reflect the movie as a whole. But does such a feeling of disappointment rise … Continue Reading

The 18th Public Commission Meeting – Highlighting the Awesomeness of FTC Staff

By Daniel Kaufman, Randal M. Shaheen and John P. Ferry on January 20, 2023 Posted in FTC

The days are short and the nights are long, but at least we have the monthly public Federal Trade Commission (FTC) meeting to keep us entertained and informed during these cold months. And we had a bit of an unusual agenda yesterday. First up were some congratulations to Chair Lina Khan on the birth of … Continue Reading

FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century

By Daniel Kaufman and Randal M. Shaheen on January 9, 2023 Posted in FTC

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. Of course, since that document was issued, the FTC has announced hundreds of cases challenging claims that companies have made for health … Continue Reading

Now Is Really the Time to Pay Attention to Dark Patterns – Seriously

By Daniel Kaufman and Randal M. Shaheen on December 7, 2022 Posted in Advertising

For months now we have been talking about dark patterns and all the regulatory chatter associated with them. Many, including us, have been wondering whether it would end up being much ado about nothing, with dark patterns just being a new name for practices such as bait and switch that have long been considered unlawful. … Continue Reading

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

By Daniel Kaufman and Randal M. Shaheen on September 20, 2022 Posted in FTC

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this … Continue Reading

Advertising and Regulation of CBD Products

By Lee H. Rosebush, Randal M. Shaheen, Laura Macherelli and John P. Ferry on August 9, 2022 Posted in Advertising, CBD

If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill removed hemp-deprived products, like CBD, from the Controlled Substances Act, leading to a flood … Continue Reading

Testimonial Guides Update – The Things That Make Us Go Hmm

By Amy Ralph Mudge, Daniel Kaufman and Randal M. Shaheen on May 20, 2022 Posted in FTC

As we reported yesterday, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal. That said, the changes are an important indication of what the agency … Continue Reading

Bamboozling Part II: The FTC Brings Back Retro Penalty Offense Letters like Bell Bottoms and Big Hair

By Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on April 12, 2022 Posted in FTC

What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone eras for help in getting money in its enforcement cases. Much virtual ink … Continue Reading

Bamboozling – Part I: Do Green Claims Require a Life Cycle Analysis?

By Amy Ralph Mudge, Daniel Kaufman and Randal M. Shaheen on April 11, 2022 Posted in FTC

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are here today to talk about the most recent settlements involving textiles … Continue Reading

Made in USA, Part Three – Materials Not Available in the US

By Randal M. Shaheen and Amy Ralph Mudge on February 7, 2022 Posted in Advertising, FTC

This is our third blog in a series that is examining potential ambiguities in the Federal Trade Commission’s (Commission) Made in USA (MUSA) guidance – ambiguities that become particularly more important now that MUSA claims in labeling are the subject of a new Commission, the violation of which can lead to civil penalties. Suppose a … Continue Reading

Made in USA, Part Two – How Far Back Do You Have to Look?

By Randal M. Shaheen and Amy Ralph Mudge on January 19, 2022 Posted in FTC

Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more important to clarify ambiguities and uncertainties with respect to MUSA. As we noted then, we … Continue Reading

Auld Lang Syne 2021 – Significant Events of the Past Year

By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on January 4, 2022 Posted in Year in Review

Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our partners to each select two interesting developments from the year. … Continue Reading

Ambiguities in the FTC’s New Made in USA Rule, Part 1

By Randal M. Shaheen on December 15, 2021 Posted in Data Privacy

The FTC (the Commission) has given us plenty to write about these days, particularly as it looks for ways to beef up its ability to obtain monetary relief in light of the Supreme Court’s unanimous AMG decision. We have written a lot recently about the FTC’s Notice of Penalty letters, but we would be remiss … Continue Reading

Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

By Amy Ralph Mudge and Randal M. Shaheen on November 2, 2021 Posted in Advertising, FTC

The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or third look at their practices when it comes to endorsements and testimonials and are beefing up their training and … Continue Reading

The Latest FTC Policy Statement Sets Its Sights on Negative Option Marketing

By Linda A. Goldstein, Randal M. Shaheen and Daniel Kaufman on October 29, 2021 Posted in FTC, ROSCA

Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention, particularly when the press release discusses ramping up enforcement on “illegal dark patterns that trick or trap consumers.” That’s … Continue Reading

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

By Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on October 13, 2021 Posted in Advertising, FTC

By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

Slaughterhouse-Five: Myth-Busting with the Commissioner at NAD 2021

By Randal M. Shaheen and Matthew Renick on October 8, 2021 Posted in Advertising, Data Privacy, FTC

By Randal Shaheen and Matthew Renick To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Specifically, Commissioner Slaughter sought to bust five myths about privacy … Continue Reading

NDI Letter Shows CBD’s Position Unchanged at FDA

By Randal M. Shaheen and John P. Ferry on August 31, 2021 Posted in Advertising, CBD, FDA

The 2018 Farm Bill legalized hemp-derived cannabidiol (CBD) at the federal level, but in the nearly three years since then, little has changed from the perspective of the U.S. Food & Drug Administration (FDA). From the start, FDA’s regulatory position has been complicated by CBD’s previous approval as the active ingredient in the prescription drug … Continue Reading